State v. Allen - FAQs Relating to Discovery

Why must the parties file a Notice of Provision of Discovery?  

Simply to help prevent discovery disputes from arising.  In the Court’s experience, discovery issues can delay the progress of the case, particularly when the producing party has made discovery available for inspection, but the receiving party still claims deficiencies.    

This notice will help the court keep track of the progress of discovery in the case and will help the parties identify what has been produced.  

Does the Notice of Provision of Discovery have to be in a particular form?  

No.  The notice needs only to identify discovery such that the Court and the parties can generally determine what has been produced.    

Does the Court require a “meet and confer” before a party files a motion relating to discovery?  

Yes, please.  Before filing a discovery motion, the Court expects the parties to meet to identify the points of disagreement and to attempt to resolve the dispute among themselves.  See Case Management Order, § III(D).  

What does this certification look like?  

The certification is a simple statement of the facts.  It could be as simple as the following:  “I certify that I have met in good faith with [the producing party] to discuss the issues raised in this motion and that we were unable to resolve the matter without intervention by the Court.”   

Because the certification is subject to Tenn. R. Sup. Ct. 8, RPC 3.3(a)(1), no sworn statement or affidavit of compliance is otherwise required.

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